SERVICE AND EXECUTION OF PROCESS.
No. 29 of 1918.
An Act to amend the Service and Execution of Process Act 1901-1912.
[Assented to 27th November, 1918.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Service and Execution of Process Act 1918.
(2.) The Service and Execution of Process Act 1901-1912 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Service and Execution of Process Act 1901-1918.
Amendment of s. 15 of the Principal Act.
2. Section fifteen of the Principal Act is amended by inserting, after the word “support,” the words “or failed to make adequate provision for the payment of maternity expenses in connexion with the birth, or expenses in connexion with the future maintenance, of any infant of which he is the putative father,”.
Amendment of s. 18 of the Principal Act.
3. Section eighteen of the Principal Act is amended—
(a) by inserting after the word “committed” the words “,or has been convicted of an offence committed,”; and
(b) by inserting after the word “support” (first occurring) the words “or failed to make adequate provision for the payment of maternity expenses in connexion with the birth, or expenses in connexion with the future maintenance, of any infant of which he is the putative father”.
Amendment of s. 22 of the Principal Act.
4. Section twenty-two of the Principal Act is amended—
(a) by inserting at the end of paragraph (a) the words “in their State, Federal, and Admiralty jurisdictions”; and
(b) by omitting paragraph (b).
Amendment of s. 28 of the Principal Act.
5. Section twenty-eight of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—
“(1.) The Governor-General may make regulations for carrying out the provisions of this Act and in particular for applying the provisions of this Act with or without modifications to—
(a) the service and execution in the Territories of the Commonwealth of the civil and criminal process of the Courts of any State or part of the Commonwealth and the execution in those Territories of the judgments of those Courts, and
(b) the service and execution in any State or part of the Commonwealth of the civil and criminal process of the Courts of the Territories of the Commonwealth, and the execution in any State or part of the Commonwealth of the judgments of those Courts,
in like manner as if those Territories were part of the Commonwealth.”
Overview
The Service and Execution of Process Act 1918 was enacted to amend the existing Service and Execution of Process Act 1901-1912, addressing gaps in the legal framework concerning the service and execution of process within various jurisdictions. This Act was assented to on 27 November 1918 by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of the Act is to enhance the procedures for serving and executing legal process, particularly in relation to making adequate provision for maternity expenses and future maintenance of children. The Act also updates regulatory provisions to ensure that the execution of process is consistent across state, federal, and admiralty jurisdictions, thus facilitating smoother legal processes within and between different territories of the Commonwealth.
Scope and Application
The Service and Execution of Process Act 1918 amends the Service and Execution of Process Act 1901-1912 to expand the circumstances under which process can be served on a defendant. The Act applies to persons who have failed to make adequate provision for the payment of maternity expenses in connection with the birth, or expenses in connection with the future maintenance, of any infant of which they are the putative father. This amendment broadens the scope of the Act by including individuals who have neglected to provide for maternity expenses or future maintenance of an infant they are presumed to be the father of. The Act applies across the Commonwealth, including in the Territories, as it extends the jurisdiction of the Courts of any State or part of the Commonwealth to the Territories, and vice versa. The Governor-General has the authority to make regulations for carrying out the provisions of this Act, including applying the provisions to the service and execution of civil and criminal process in the Territories and States, effectively allowing the Act to be adapted to various jurisdictional contexts within Australia.
Key Provisions
The Service and Execution of Process Act 1918 (Act No. 29 of 1918) amends the Service and Execution of Process Act 1901-1912, which is now referred to as the Principal Act. Once this Act is passed, the Principal Act can be cited as the Service and Execution of Process Act 1901-1918. The 1918 Act introduces several key changes to the Principal Act, primarily in sections 15, 18, 22, and 28.
Section 15 of the Principal Act is amended to include a new clause that allows for the service of process in cases where an individual has failed to make adequate provision for the payment of maternity expenses related to the birth or future maintenance of an infant of which he is the putative father. Similarly, Section 18 is amended to include this new clause in a different context. Section 22 is expanded to clarify that the amendments apply in State, Federal, and Admiralty jurisdictions. Finally, Section 28 is replaced to allow the Governor-General to make regulations for carrying out the provisions of the Act, particularly in relation to the service and execution of civil and criminal process in the Territories of the Commonwealth and the execution of judgments of Courts in those Territories.
The obligations imposed by this Act on the relevant parties primarily revolve around the proper service of process and the execution of judgments in various jurisdictions. For instance, the inclusion of putative fathers in the grounds for service of process mandates that legal actions be taken against individuals who fail to support or provide for their children. Additionally, the regulations that the Governor-General can make under the amended Section 28 will outline the specific procedures and requirements for executing these processes in different territories and jurisdictions.
Breaches of the provisions in this Act can lead to significant legal consequences. While the Act itself does not explicitly state penalties for non-compliance, the failure to serve process or execute judgments properly can result in civil and criminal liabilities. Courts may deem such actions invalid, leading to delays and additional costs for the parties involved. Moreover, individuals who are supposed to be served under the amended sections but are not, may not be legally bound by any judgments rendered against them, which could lead to further legal complications and potential penalties for the party that failed to properly serve the process.